Pocket Guide to Unfair Practices: California Public Sector (6th ed., 2018)
$30.00
By Carol Vendrillo and Eric Borgerson
Updated by Kerianne Steele and Anthony Tucci
6th edition, 2018
Out of stock
Description
This guide provides a comprehensive look at the unfair practices created by state laws. This new edition covers:
- Important recent developments in California’s public sector labor law, such as: the Public Employee Communication Chapter, which expands the rights of exclusive representatives and restricts certain activities by employers; “mandatory access” to the “onboarding process” of new public-sector employees (i.e., new employee orientations); and Senate Bill 866, passed to mitigate the loss of agency fees in light of the Janus decision.
- Case law developments in discrimination, bypassing of exclusive representative, DFR, impasse procedures, and more.
- Each of the eight primary statutes that regulate public employment relations in California: EERA, HEERA, Dills, and MMBA; as well as newer statutes such as the Trial Court Employment Protection and Governance Act (TCEPGA), the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA), the Los Angeles Country Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA), and the Judicial Council Employer-Employee Relations Act (JCEERA).
- Updated statutory and regulatory text; the unfair practice sections of the acts; a guide to cases further elaborating what conduct is unlawful; and a glossary defining labor relations terms.
Table of Contents
Introduction | 1 |
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1. Unfair Practices | 3 |
A. Unfair Practices Under the PERB-Administered Statutes | 5 |
B. Types of Unfair Practices | 8 |
1. Duty to bargain | 8 |
a. Scope of bargaining | 8 |
b. Good faith bargaining | 11 |
c. Unilateral action | 12 |
2. Duty to participate in impasse procedures | 15 |
3. Duty to provide information | 17 |
4. Strikes and other concerted activities | 19 |
a. Strikes under EERA, HEERA, and the Dills Act | 19 |
b. Strikes under the MMBA | 21 |
c. Strikes under TCEPGA and TCIELRA | 21 |
d. Strikes under TEERA | 21 |
5. Protected activities | 22 |
a. Interference with protected activity | 23 |
b. Discrimination or reprisal for protected activity | 24 |
6. Interference with union’s rights | 25 |
a. Access to work site | 26 |
b. Right to information | 27 |
c. Released time | 27 |
7. Employer domination of, and assistance to, union | 28 |
8. Duty of fair representation | 29 |
9. Bypassing the exclusive representative | 33 |
a. Going to hearing | 102 |
2. Enforcement | 34 |
A. PERB Jurisdiction | 34 |
B. PERB Unfair Practice Procedures | 37 |
1. Filing a charge | 37 |
2. Issuing a complaint | 38 |
3. Time requirements | 39 |
4. Deferral to arbitration | 41 |
5. Dismissal of the charge | 43 |
6. Answering the complaint | 43 |
7. Going to hearing | 44 |
8. The hearing | 44 |
9. ALJ’s decision | 45 |
10. Appeal to the board | 46 |
11. Reconsideration of a decision | 47 |
C. Judicial Review of PERB Decisions | 47 |
D. MMBA, TCEPGA, and TCIELRA | 48 |
3. Statutory and Regulatory Language | 50 |
A. Educational Employment Relations Act (EERA) | 48 |
B. Ralph C. Dills Act | 52 |
C. Higher Education Employer-Employee Relations Act (HEERA) | 55 |
D. Meyers-Milias-Brown Act (MMBA) and Implementing PERB Regulations |
55 |
E. Employee Relations Ordinance of the County of Los Angeles | 63 |
F. Employee Relations Ordinance for the City of Los Angeles | 65 |
G. Trial Court Employment Protection and Governance Act (TCEPGA) and Implementing PERB Regulations |
66 |
H. Trial Court Interpreters Employment and Labor Relations Act (TCIELRA) and Implementing PERB Regulations |
72 |
I. Transit Employer-Employee Relations Act (TEERA) | 78 |
4. Cases | 80 |
A. Bypassing the Exclusive Representative | 80 |
B. Discrimination for, or Interference With, Protected Activity | 81 |
C. Duty of Fair Representation | 87 |
D. Duty to Bargain in Good Faith | 90 |
E. Duty to Furnish Information | 99 |
F. Duty to Participate in Impasse Procedures in Good Faith | 100 |
G. Employer Domination of, or Assistance to, Union | 102 |
H. Public Employment Relations Board Procedure | 104 |
I. Strikes and Other Concerted Activities | 107 |
V. Glossary of Terms | 112 |
VI. Table of Cases | 122 |
VII. Index of Terms | 137 |
Additional information
Weight | 0.625 lbs |
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Dimensions | 10 × 6 × 0.5 in |
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